Legal Opinion · Dissent
Brooks v. Mandel-Witte Co.
Court of Appeals for the Second Circuit
Decided January 11, 1932No. 111Published
1DissentL. Hand, Circuit Judge
The lien created by section 475 of the New York Judiciary Law dates from the commencement of a legal proceeding and is in favor only of the attorney .at law who appears. The Customs Court may indeed be a court within the meaning of that section, and it sits within the state, but an attorney appearing in it need not be an attorney at law of New York or of any other state. Brooks was indeed an attorney at law of New York and he appeared, but the services which he rendered did not require an attorney at law. I doubt if an attorney at law gets a lien except for services as such; that he is…
2Cases cited4 opinions
- In Re the Judicial Settlement of the Account of ReganNew York Court of Appeals · 1901
- People v. MeolaAppellate Division of the Supreme Court of the State of New York · 1920
- Duringshoff v. O. B. Coates & Co.Appellate Terms of the Supreme Court of New York · 1916
- Tynan v. Auto MartNew York Supreme Court · 1907